Do you remember the thrill of being pushed on the swing by someone tall? Up, up, up, then released, and then down we went as the swing swung crazily to the right and left.
Fun, but a bit dangerous. The swing would then settle into mostly straight back and forth, but soon we would beg for more.
Cultural change and pendulum swings are not quite as harmless and most of us don't beg for more, even when they are for the greater good. Usually, change comes because of a long period of pent-up dissatisfaction or injustice, but the crazy swinging that occurs in cultural pendulum swings is not always predictable, or even anticipated, by those advocating for change.
Take the following two examples: 16 women offering intimate waxing to women being taken to the BC Human Rights Council for refusing to perform a Brazilian wax on a trans woman with male genitals and trans athletes competing and winning various competitions in women's sports.
The issue in the waxing case are the conflicting rights of two individuals. Whose right will supersede the other's? Do women have the right to decide what type of personal grooming work they do and on which sex? My guess is most people would believe that because of the nature of their work, weighing the rights and feelings of both sides, women should have a right of refusal to work on male genitals.
A closer look at the case reveals immigrant women being targeted because they are seen as backward. We can all agree that moving to Canada requires the immigrant to adopt some new cultural practices, but who decides the extent of this?
I suppose that a case could be made that making this decision is exactly what thetribunal is doing by hearing the case, but couldn't they have decided that without subjecting these women to a costly trial? These women were not carrying placards or spewing hate to trans people. They were attempting to earn a living in their own homes, and upon learning that they would be working on male genitals, which they had no experience with, declined.
Then the other day, another trans athlete won another international sporting contest after only a brief time in the field. I don't think that this situation has the same ramifications as the first, simply by virtue of the limited number of trans athletes choosing to be weightlifters, or wrestlers, or boxers, or volleyball players, or runners... but maybe it does?
Years ago, women had to fight for their own sports events and categories, in recognition of their different physiology. I don't personally have a problem being outperformed (because at eleven years-old, my kids, boys and girls, could beat me at arm-wrestling.) For the women competing in these sports, however, it means a great deal, because suddenly the level playing field that their mothers and grandmothers fought for, is at risk.
How far should society go to accommodate these conflicting "rights?" With the rights pendulum swinging crazily swinging side-to side, these are the questions our legislators need to address. However, how can we possibly have a discussion about this when any opposing viewpoint is attacked as evil, transphobic, narrow-minded, disgusting or backward?
Or do we just need to get used to being called names?
